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    <title>2005 (11) TMI 350 - CESTAT, BANGALORE</title>
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    <description>Imported goods for research use by a recognised research institute were held to qualify for exemption under Notification No. 70/81-Cus., as the record and supporting certificates confirmed that this was the relevant exemption claimed. The assessee had not claimed Notification No. 64/88-Cus., and there was no misdeclaration or suppression of facts. On that basis, the extended limitation period could not be invoked, because the lapse, if any, was only technical and did not show collusion, wilful suppression, or non-levy attributable to the assessee. Confiscation and penalty were therefore not sustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=117329</link>
      <description>Imported goods for research use by a recognised research institute were held to qualify for exemption under Notification No. 70/81-Cus., as the record and supporting certificates confirmed that this was the relevant exemption claimed. The assessee had not claimed Notification No. 64/88-Cus., and there was no misdeclaration or suppression of facts. On that basis, the extended limitation period could not be invoked, because the lapse, if any, was only technical and did not show collusion, wilful suppression, or non-levy attributable to the assessee. Confiscation and penalty were therefore not sustainable.</description>
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